Allen v. Elhers

Filing 11

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/13/2018 RECOMMEDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DEWAYNE ALLEN,

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No. 2:17-cv-01943 KJM AC P

Plaintiff,

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v.

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C.O. ELHERS,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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Plaintiff is a former state prisoner proceeding pro se with a complaint challenging

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conditions of his prior confinement at California State Prison Sacramento. By order filed May 1,

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2018, the court directed plaintiff to submit a non-prisoner application to proceed in forma

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pauperis within thirty days.1 See ECF No. 10. Plaintiff was informed that failure to timely

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comply with the court’s order would result in a recommendation that this action be dismissed

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without prejudice. Id. at 2. The thirty-day period has expired, and plaintiff has not responded to

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the court’s order.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice.

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Plaintiff previously filed a prisoner application to proceed in forma pauperis, ECF No. 8, which
is no longer applicable.
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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14)

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days after service of these findings and recommendations, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Failure to file objections within the specified time may waive the right

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to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: June 13, 2018

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